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HomeEurope35th regular session of the Government of the Republic of Slovenia

35th regular session of the Government of the Republic of Slovenia

The Government laid down the text of the proposed Act Amending the Administrative Dispute Act and withdrew the proposed Act on the temporary bonus for judges and state prosecutors from the legislative procedure.

The Government sets out the text of the proposed Act Amending the Administrative Dispute Act

At today’s session, the Government laid down the text of the proposed Act Amending the Administrative Dispute Act and will go forward to the National Assembly of the Republic of Slovenia for consideration.

The solutions presented are geared towards the objective of increasing the efficiency of litigation and decision-making in administrative disputes, while maintaining the same standard of legal certainty, with the least possible changes to the judicial system’s capacity.

The main solution is linked to a change in the composition of the court. Under the proposed change, most of the (simpler) cases will be dealt with by a single judge, which means faster resolution and the better management of caseloads. More important and legally complex cases, which will still be dealt with by a panel of judges, will thus be able to be dealt with more quickly. This will ensure effective judicial protection for the parties to administrative disputes, and will also allow, for example, strategically important environment and spatial planning projects, more important cases in terms of the protection of human rights, fundamental freedoms and other areas to be decided more quickly due to such distribution of judges.

The second set of solutions are procedural solutions that will enable the court to require the parties to be more diligent in the preparation of their materials and thus increase the concentration of proceedings. In order to streamline the proceedings, the possibility is introduced for the court to order a party to limit the number and scope of submissions and to set a time limit for the party to prepare a written summary of the essential issues raised in the submissions, as well as the length of the summary.

In the case of changes concerning the main hearing, the amendments specify when and under what conditions the court may decide in a session, while in all other cases the court decides after the main hearing. 

The proposed Act further encourages parties to reach settlements. The current regulations on settlements in administrative disputes are amended to require the defendant, in deciding whether to try to reach a court settlement, to take into account, in addition to the possible prejudice to the public interest that would result from a settlement, the costs of continuing the proceedings and the duration of the proceedings.

SourceGov
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